DWI and DUI

Legal Consultation

The Basics of Texas DUI & DWI Cases

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Driving While Intoxicated or Driving Under the Influence (DWI & DUI) charges in Texas can turn your world upside down.

If you’re convicted in court, the consequences are dire. Penalties post-conviction range from hefty fines & loss of driving privileges to potential jail time.

Hiring a criminal defense attorney isn’t just about fighting the charge & potential penalties; it’s about protecting your future. Let’s face it, if you’re in court on a criminal charge, your job, and your reputation are on the line.

When the stakes are this high, you need a skilled Texas criminal law attorney who can guide you through the situation with success. If you’re facing criminal charges in Galveston and need to talk with an experienced defense attorney, call Amber Spurlock today at 409-904-0407.

Texas Law & Drunk Driving Cases

Texas DWI & DUI laws are designed to deter impaired driving for the purpose of protecting public safety.

Per Texas Penal Code § 49.04, it’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit drops to 0.04%. For drivers under 21, any detectable amount of alcohol can result in criminal charges.

If you’re “high” or under the influence of a non-alcoholic substance, DUI charges will apply with the same potential penalties that exist in the DWI statute.

Potential Penalties Following Conviction

Texas imposes severe penalties on individuals convicted of DWI & DUI offenses.

For a first offense, you might face fines of up to $2,000, jail time ranging from 3 to 180 days, and a driver’s license suspension of up to one year.

Subsequent offenses carry harsher penalties, including longer jail sentences, higher fines, and extended license suspensions.

Additionally, a DUI conviction can lead to increased insurance rates and a permanent mark on your criminal and driving record. These penalties underscore the importance of fighting the charge with a knowledgeable on your side.

Building a Strong Defense

A robust defense strategy involves scrutinizing every aspect of your case.

Amber Spurlock reviews everything from the initial traffic stop to the administration of tests and the handling of evidence. Attorney Amber Spurlock will leave no stone unturned during the investigatory phase of your case.

We might put effort into interviewing witnesses, obtaining video footage, and consulting with experts. The goal is to cast doubt on the prosecution’s evidence while building a compelling case in your favor.

Frequently Asked Questions

Can I refuse a breathalyzer test?

Yes, but refusal can lead to an automatic license suspension under Texas’ implied consent law. Refusal might also be used against you in court.

What if I’m a first-time offender?

First-time offenders face serious penalties. However, a clean record might offer more opportunities for plea bargains or alternative sentencing. We’ll help you explore these options should that be the direction you decide to take.

How can a DUI attorney help me?

We provide useful legal advice, challenge evidence, negotiate with prosecutors, and represent you in court. Our skill & experience can significantly impact the outcome of your case. Let’s win!

LEARN MORE: What Happens After a DWI or DUI Arrest?

Arrested for DWI & DUI in Greater Houston?

Contact Attorney Amber Spurlock Today!

If you’re facing DUI charges in Houston, Galveston, Angleton, or throughout Brazoria County, feel free to contact my office to seek legal assistance. Amber Spurlock and the attorneys at Tad Nelson & Associates are here to help you get your case dismissed or resolved in a positive manner.

We know you have a life that’s better without the government involved.

To get started, call my law office today at 409-904-0407 or send me a message via contact form.

Your future and freedom are worth protecting. We’re committed to providing the skilled representation you need.

DWI Arrest

What Happens After a DWI or DUI Arrest?

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Attorney Amber Spurlock practices criminal defense & DWI defense law in Galveston County, TX. Our mission here is not just to offer legal representation but to help our clients understand the numerous laws that could very well impact their lives. Let’s dive into the crux of some of the details of these laws and how they might affect you should you or a loved one be arrested for DUI or DWI.

If you’re seeking legal representation in Galveston for a DWI or drug offenses, contact my office for help. I can be reached at 409-904-0407.

The Basics of Texas Law & DWI Cases

First off, let’s go over what exactly constitutes a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in Texas.

DWI is defined in Texas law as operating a motor vehicle in a public place while “intoxicated.” Legally, “intoxicated” means having a blood alcohol concentration (BAC) of 0.08% or higher.

For individuals under the age of 21, any detectable amount of alcohol constitutes a DUI as opposed to a DWI charge. This policy aligns with Texas’s zero-tolerance policy for underage drinking and driving.

The distinction outlined in Texas Penal Code (Title 10, Chapter 49), which you can explore here. The law doesn’t just stop at alcohol; it extends to any substance that impairs your ability to drive.

What Happens After a DWI or DUI Arrest?

Once you’re arrested for a DWI or DUI offense in Galveston or elsewhere in Texas, the most immediate concern is the potential suspension of your driver’s license. This is governed by the Texas Transportation Code, which stipulates a 15-day period post-arrest to challenge the suspension. This is referred to as Administrative License Revocation.

In this scenario, understanding the Texas Code of Criminal Procedure becomes imperative. As an attorney who’s these kinds of criminal cases numerous times, I can assure you that they’re all different and we’re almost always able to help our clients.

Penalties

The True Cost of DWI and DUI Charges

Penalties following a conviction for DWI or DUI range from fines, jail time, to even mandatory education programs.

For a first-time DWI offense, fines can reach up to $2,000. Jail time can be anywhere from three days to six months. Repeat offenders face harsher penalties, as outlined in the Texas Penal Code.

But it’s not just about the immediate penalties. A DWI/DUI conviction can have long-lasting effects on your life, affecting everything from job prospects to housing opportunities. It’s here that the expertise of a seasoned Galveston DWI attorney becomes crucial.

Defense Strategies

Crafting a Strong Case

Fighting criminal charges of DUI or DWI in Texas requires a deep understanding of both the law and the science related to blood alcohol testing. Questions about the accuracy of breathalyzer tests, the legality of the traffic stop, and the conduct of the arresting officers can be fundamental parts of our defense strategy.

Remember, the Constitution of the United States guarantees certain protections. In particular, your Fourth Amendment protection against unreasonable searches and seizures. Leveraging these constitutional protections is a cornerstone of crafting a defense strategy.

The Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Working with Attorney Amber Spurlock

Your Galveston DWI Defense Lawyer

Here’s where my role as your attorney comes into play. I provide representation that’s not just about legal prowess but also about understanding the human element behind every case.

My approach is not just about taking your case through the legal system; it’s about using your unique situation as the basis of your defense. I’ll take the time to review dashcam footage, bodycam footage, and any evidence you might have that can help your case.

With numerous 5-star reviews on Google and no complaints with the State Bar of Texas, you can trust my commitment to your case to be unwavering.

Why Hire Amber?

Choosing the right legal representation is can be the difference between being found guilty or going home scot-free.

If you have any questions give us a call. We offer 100% confidential & free initial consultations, flexible payment options, and affordable legal fees. We know first-hand how criminal charges related to DWI and DUI offenses can turn your life upside down. We can help.

My approach is to provide not just legal expertise but guidance through this challenging time. If you or someone you know is facing criminal charges in Galveston County, don’t hesitate to reach out to me by calling 409-904-0407. Remember, the right criminal defense lawyer can make all the difference in your case.